New Jersey Statutes 3B:12B-3. Definitions
Terms Used In New Jersey Statutes 3B:12B-3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dependent: A person dependent for support upon another.
- Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See New Jersey Statutes 3B:1-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- territory: extends to and includes any territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
As used in P.L.2012, c.36 (C. 3B:12B-1 et al.), unless otherwise defined:
a. “Adult” means a person at least 18 years of age.
b. “Conservatee” means, as used in this State, a person who has not been adjudicated incapacitated but who by reason of advanced age, illness, or physical infirmity, is unable to care for or manage his property or has become unable to provide for himself or others dependent upon him for support.
c. “Conservator” means a person appointed by the court to administer the property of an adult who has not been adjudicated incapacitated, including a person appointed, as appropriate, under N.J.S. 3B:13A-1 et seq.
d. “Court of this State” means the Superior Court of New Jersey.
e. “Guardian” means a person appointed by the court to make decisions regarding the person or estate of an incapacitated adult, including a person who has qualified as a guardian of the person or estate, or both, of an incapacitated person pursuant to court appointment in accordance with N.J.S. 3B:12-1 et seq. or its equivalent in a state other than New Jersey.
f. “Guardianship order” means an order declaring a person incapacitated and appointing a guardian.
g. “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued to declare a person incapacitated and to appoint a guardian.
h. “Home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for the appointment of a guardian or a protective order; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
i. “Incapacitated person” means an adult declared incapacitated and for whom a guardian has been appointed.
j. “Party” means the respondent, petitioner or plaintiff, as applicable, guardian, conservator or conservatee, or any other person authorized by the court to participate in a guardianship or protective proceeding.
k. “Petition” means an initiating court document for proceedings under P.L.2012, c.36 (C. 3B:12B-1 et al.). In New Jersey, a petition shall mean a verified complaint filed with the Superior Court pursuant to the Rules of Court of the State of New Jersey.
l. “Protected person” means an adult for whom a protective order has been issued.
m. “Protective order” means:
(1) An order related to an adult who has been declared incapacitated by a court or for whom such a declaration is sought, including, but not limited to, an arrangement or order related to management of the incapacitated person’s property, which is issued pursuant to N.J.S. 3B:12-1 and N.J.S.3B:12-2; or
(2) An order appointing a conservator, including, but not limited to, an order which is issued pursuant to N.J.S. 3B:13A-1 et seq.; or
(3) An order to protect a “vulnerable adult” as that term is defined in section 2 of P.L.1993, c.249 (C. 52:27D-407), including, but not limited to, an order which is issued pursuant to the “Adult Protective Services Act,” P.L.1993, c.249 (C. 52:27D-406 et seq.); or
(4) An order or arrangement, pursuant to N.J.S.3B:12-1, for a person for whom a declaration of incapacity is not sought.
The term “protective order,” as used in P.L.2012, c.36 (C. 3B:12B-1 et al.), shall not be construed to conflict with the provisions of N.J.S. 3B:12-1 through N.J.S. 3B:12-4
n. “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued.
o. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
p. “Registration” means a filing in this State of a guardianship or conservatorship order of another state, pursuant to the Rules of Court of the State of New Jersey and in accordance with the provisions of section 19 of P.L.2012, c.36 (C. 3B:12B-19).
q. “Respondent” means an adult for whom the appointment of a guardian or the issuance of a protective order is sought.
r. “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
s. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
L.2012, c.36, s.3.